Note on The Judiciary of Nepal

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Judiciary is the independent organ of the government whose function is to provide justice for the innocent, punishment for the culprit and safeguard the rights and duties of the citizen.

The Judiciary of Nepal has been composed of the following tiers:

District court: There are 75 district courts in our country, each in a district. It consists of one chief judge and a judge who are appointed by the Chief Justice of Supreme Court under the recommendation of Judicial Council.

Appellate Court: There are 16 Appellate Courts in our country. It consists of a chief judge and other judges. If people are not satisfied with the judgment given by district court, they can file the case in this court.

Supreme Court: The Supreme Court is the final tier and the decision given by the Supreme Court are final and is applicable to all. It consists of a chief justice appointed by President on the recommendation of Constitutional Council and 14 permanent judges along with more judges as per requirement. The tenure of the Chief Justice is 6 years and the maximum age is 65 years.Supreme Court is the court of records. It has the power to interpret the constitution and it is also responsible for safeguarding the rights of the people.

Functions of Judiciary

i. Advisory functions:

Judiciary gives advice to the other organs and constitutional organs when required. Suggestion on national issues is the work of judiciary and also finds remedies for complicated legal matters.

ii. Judicial functions:

The main function of judiciary is to punish the culprit and give a proper verdict in support of innocent on the basis of the existing law. It decides the punishment for criminals and gives a decision regarding national issues.

iii. Interpretation of law and the constitution:

Another main function of the Judiciary is to explain the laws made by the legislature and implemented by the executive. It supervises the laws and clarifies the meaning of the laws and their provisions.

iv. Protector of people's rights and freedom:

The rights granted by the state are protected by the constitution as judiciary gives clear decisions about the rights and duties of an individual. It gives justice or verdict if any rights are violated.

Very Short Questions

Judiciary maintains law and order in the country. It interprets the law enforced by executive and made by the legislature. It investigates, identifies and punishes wrongdoers. It establishes precedence which later on becomes law. It solves the various legal obstacles. Judiciary provides legal advice to the government and its employees. Moreover, it safeguards the fundamental rights as provides by the constitution. Indeed, judiciary plays an important role to maintain the rule of law in the state.

People are considered as the supreme power in the democratic country. Sovereignty is manifested in the people. Therefore, people are state power. In this context, judiciary should have the following rights.

Judicial work: the main function of judiciary is to provide equal justice to the citizen. It saves the innocent and punishes the law breakers. It gives a verdict on both civil and criminal cases.

Interpretation of law and law-making: Another important function of the judiciary is to interpret the laws practiced in the country. When the court gives the decision of any case, it explains the meaning of the spirit of the law.

Protection of people rights and freedom: The constitution provides rights to the citizens their right. Judiciary is the only organ to protect people's fundamental rights and freedom.

Advisory works: It provides suggestions and advises the legislature and the executive in critical legal matters. Generally, head of the state and the government takes advice from the judiciary regarding constitutional and legal problem. This system is practiced by the countries like India, Australia, and Sweden and so on.

Law, justice, and order are the components of the truth associated with judiciary body. These things are reflected by the judges at different tiers of the judiciary body of Nepal. In regard to the judge cases of various imparted by the judges. It is considered that the judges should be true, competent and impartial if they ignore these ideologies in the temptations of money; it corrupts and pollutes the glory of the court. The judges should always have their religion of truth, fairness, and impartiality. This strengthens the country, the legal system and the high attitude of people towards the judiciary body.

Supreme court is the only central level of court in Nepal. Under it there are 16 Appellate and 75 district courts all over Nepal. It is called the court of records as well. The powers and functions are: it exercises original, appellate, extraordinary powers, advisory power, legislative power etc.

Within these power, this court co-operate the executive body or with the serious issues concerned with the country, legal treatment of the people discussed in another level of court.